How to Apply For an Attachment of Earnings Order

An Attachment of Earnings Order is a legal mechanism that allows a creditor to recover money owed by a debtor from their earnings. If you are a creditor who wants to apply for an Attachment of Earnings Order, here are the steps you need to follow:

1. Determine if you are eligible to apply for an Attachment of Earnings Order: In most cases, you must have a County Court Judgment (CCJ) against the debtor to be able to apply for an Attachment of Earnings Order. However, there are some exceptions to this rule, such as if you have a High Court Judgment or if the debt is owed to a government department.

2. Obtain the correct forms: You will need to obtain the correct forms to apply for an Attachment of Earnings Order from the County Court. These forms can usually be downloaded from the court's website or obtained in person from the court.

3. Complete the forms: The forms will require you to provide details about the debtor and the debt, as well as your own contact details. You will also need to provide details of the debtor's employer.

4. Submit the forms: You will need to submit the completed forms to the County Court along with the appropriate fee. The court will then process your application and send a copy to the debtor and their employer.

5. Wait for a response: The debtor and their employer will have the opportunity to respond to the application. If the debtor agrees to the Attachment of Earnings Order, it will be granted by the court. If the debtor disputes the order, a hearing will be held to determine whether or not it should be granted.

6. Receive payments: Once the Attachment of Earnings Order is granted, the debtor's employer will be required to deduct a specified amount of money from the debtor's earnings each pay period and send it to the court. The court will then distribute the money to you, the creditor, until the debt is paid off.

It is important to note that there are limits on how much can be deducted from a debtor's earnings under an Attachment of Earnings Order, and these limits vary depending on the debtor's income.